Mr. Heck (for himself
and Mr. Heinrich) introduced the
following bill; which was referred to the Committee on Natural Resources, and in
addition to the Committees on Armed
Services and Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned

A BILL

To promote the development of renewable energy on public
lands, and for other purposes.

1.

Short title; table of
contents

(a)

Short
title

This Act may be cited
as the Public Lands Renewable Energy
Development Act of 2012.

(1)

Table of
contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Geothermal energy

Sec. 101. Extension of funding for implementation of Geothermal
Steam Act of 1970.

TITLE II—Development of solar and wind energy on public
land

Sec. 201. Definitions.

Sec. 202. Programmatic environmental impact statements and land
use planning.

Sec. 203. Development of solar and wind energy on public
land.

Sec. 204. Disposition of revenues.

Sec. 205. Royalties.

Sec. 206. Enforcement of royalty and payment
provisions.

Sec. 207. Enforcement.

Sec. 208. Segregation from appropriation under mining and
Federal land laws.

Sec. 209. Report.

Sec. 210. Applicability of law.

I

Geothermal
energy

101.

Extension of
funding for implementation of Geothermal Steam Act of 1970

(a)

In
general

Section 234(a) of the Energy Policy Act of 2005 (42
U.S.C. 15873(a)) is amended by striking in the first 5 fiscal years
beginning after the date of enactment of this Act and inserting
through fiscal year 2020.

Effective
for fiscal year 2012 and each fiscal year thereafter, amounts deposited under
subsection (a) shall be available to the Secretary of the Interior for
expenditure, subject to appropriation and without fiscal year limitation, to
implement the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and this
Act.

.

II

Development of
solar and wind energy on public land

201.

Definitions

In this title:

(1)

Covered
land

The term covered land means land that
is—

(A)(i)

public land administered
by the Secretary; or

(ii)

National Forest System land
administered by the Secretary of Agriculture; and

(B)

not excluded from
the development of solar or wind energy under—

(i)

a
land use plan established under the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);

(ii)

a
land use plan established under the National Forest Management Act of 1976 (16
U.S.C. 1600 et seq.); or

(iii)

other
law.

(2)

Pilot
program

The term pilot program means the wind and
solar leasing pilot program established under section 204(a).

(3)

Public
land

The term public land has the meaning given the
term public lands in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702).

(4)

Secretaries

The
term Secretaries means—

(A)

in the case of
public land administered by the Secretary, the Secretary; and

(B)

in the case of
National Forest System land administered by the Secretary of Agriculture, the
Secretary of Agriculture.

(5)

Secretary

The
term Secretary means the Secretary of the Interior.

202.

Programmatic
environmental impact statements and land use planning

(a)

Public
land

Not later than 1 year after the date of enactment of this
Act, the Secretary shall—

(1)

complete and
finalize the Programmatic Environmental Impact Statement for Solar Energy
Development in Six Southwestern States (BLM/DES 10–59; DOE/EIS–0403) in
accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) to analyze the potential impacts of—

(A)

a program to
develop solar energy on land administered by the Secretary, acting through the
Bureau of Land Management; and

(B)

any necessary
amendments to land use plans for the land; and

(2)

amend any land use
plans as appropriate to provide for the development of renewable energy in
areas considered appropriate by the Secretary.

(b)

National forest
system land

As soon as practicable but not later than 2 years
after the date of enactment of this Act, the Secretary of Agriculture
shall—

(1)

prepare and
publish in the Federal Register a notice of intent to prepare a programmatic
environmental impact statement in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts
of—

(A)

a program to
develop solar and wind energy on National Forest System land administered by
the Secretary of Agriculture; and

(B)

any necessary
amendments to land use plans for the land; and

(2)

amend any land use
plans as appropriate to provide for the development of renewable energy in
areas considered appropriate by the Secretary of Agriculture immediately on
completion of the programmatic environmental impact statement.

(c)

Effect on
processing applications

The requirement for completion of
programmatic environmental impact statements under this section shall not
result in any delay in processing or approving applications for wind or solar
development on public land administered by the Secretary or on National Forest
System land.

(d)

Military
installations

(1)

Report

(A)

In
general

Not later than 2 years after the date of enactment of
this Act, the Secretary of Defense, in consultation with the Secretary of the
Interior, shall conduct a study, and prepare a report, that—

(i)

identifies
locations on land withdrawn from the public domain and reserved for military
purposes that—

(I)

exhibit a high
potential for solar, wind, geothermal, or other renewable energy
production;

(II)

are disturbed or
otherwise have comparatively low value for other resources; and

(III)

could be
developed for renewable energy production in a manner consistent with all
present and reasonably foreseeable military training and operational missions
and research, development, testing, and evaluation requirements; and

(ii)

describes the
administration of public land withdrawn for military purposes for the
development of commercial-scale renewable energy projects, including the legal
authorities governing authorization for that use.

(B)

Recommendations

The
report shall include recommendations on—

(i)

necessary changes
in any law (including regulations);

(ii)

whether the
authorization for the use of the land for development of renewable energy
projects should be pursuant to lease, contract, right-of-way, permit, or other
form of authorization;

(iii)

methods of
improving coordination among the Federal, State, and local agencies, if any,
involved in authorizing the projects; and

(iv)

disposition of
revenues resulting from the development of renewable energy projects on the
land.

(2)

Environmental
impact analysis

Not later than 1 year after the completion of the
study required by paragraph (1), the Secretary of Defense, in consultation with
the Secretary of the Interior, shall prepare and publish in the Federal
Register a notice of intent to prepare an environmental impact analysis
document to support a program to develop renewable energy on withdrawn military
land identified in the study as suitable for the production.

(3)

Reports

On
completion of the report, the Secretary and the Secretary of Defense shall
jointly submit the report required by paragraph (1) to—

(A)

the Committee on
Armed Services of the Senate;

(B)

the Committee on
Energy and Natural Resources of the Senate;

(C)

the Committee on
Armed Services of the House of Representatives; and

(D)

the Committee on
Natural Resources of the House of Representatives.

203.

Development of
solar and wind energy on public land

(a)

Pilot
program

(1)

In
general

Not later than 180 days after the date of enactment of
this Act, the Secretary shall establish a wind and solar leasing pilot program
on covered land administered by the Secretary.

(2)

Selection of
sites

(A)

In
general

Not later than 90 days after the date the pilot program
is established under this subsection, the Secretary shall (taking into
consideration the multiple resource values of the land) select 2 sites that are
appropriate for the development of a solar energy project, and 2 sites that are
appropriate for the development of a wind energy project, on covered land
administered by the Secretary as part of the pilot program.

(B)

Site
selection

In carrying out subparagraph (A), the Secretary shall
seek to select sites—

(i)

for
which there is likely to be a high level of industry interest;

(ii)

that have a
comparatively low value for other resources; and

(iii)

that are
representative of sites on which solar or wind energy is likely to be developed
on covered land.

(C)

Ineligible
sites

The Secretary shall not select as part of the pilot program
any site for which a right-of way for site testing or construction has been
issued.

(3)

Qualifications

Prior
to any lease sale, the Secretary shall establish qualifications for bidders
that ensure bidders—

(A)

are able to
expeditiously develop a wind or solar energy project on the site for
lease;

(B)

possess—

(i)

financial
resources necessary to complete a project;

(ii)

knowledge of the
applicable technology; and

(iii)

such other
qualifications as are determined appropriate by the Secretary; and

(C)

meet the
eligibility requirements for leasing under the first section of the Mineral
Leasing Act (30 U.S.C. 181).

(4)

Lease
sales

(A)

In
general

Except as provided in subparagraph (D)(ii), not later
than 180 days after the date sites are selected under paragraph (2), the
Secretary shall offer each site for competitive leasing to qualified bidders
under such terms and conditions as are required by the Secretary.

(B)

Bidding
systems

(i)

In
general

In offering the sites for lease, the Secretary may vary
the bidding systems to be used at each lease sale, including—

(I)

cash bonus bids
with a requirement for payment of the royalty established under this
Act;

(II)

variable royalty
bids based on a percentage of the gross proceeds from the sale of electricity
produced from the lease, except that the royalty shall not be less than the
royalty required under this Act, together with a fixed cash bonus; and

(III)

such other
bidding system as ensures a fair return to the public consistent with the
royalty established under this Act.

(ii)

Round

The
Secretary shall limit bidding to 1 round in any lease sale.

(iii)

Expenditures

In
any case in which the land that is subject to lease has 1 or more pending
applications for the development of wind or solar energy at the time of the
lease sale, the Secretary shall give credit toward any bid submitted by the
applicant for expenditures of the applicant considered by the Secretary to be
qualified and necessary for the preparation of the application.

(C)

Revenues

Bonus
bids, royalties, rentals, fees, or other payments collected by the Secretary
under this section shall be subject to section 5.

(D)

Lease
terms

(i)

In
general

As part of the pilot program, the Secretary may vary the
length of the lease terms and establish such other lease terms and conditions
as the Secretary considers appropriate.

(ii)

Data
collection

As part of the pilot program, the Secretary
shall—

(I)

offer on a
noncompetitive basis on at least 1 site a short-term lease for data collection;
and

(II)

on the expiration
of the short-term lease, offer on a competitive basis a long-term lease, giving
credit toward the bonus bid to the holder of the short-term lease for any
qualified expenditures to collect data to develop the site during the
short-term lease.

(5)

Compliance with
laws

In offering for lease the selected sites under paragraph
(4), the Secretary shall comply with all applicable environmental and other
laws.

(6)

Report

The
Secretary shall—

(A)

compile a report
of the results of each lease sale under the pilot program, including—

(i)

the
level of competitive interest;

(ii)

a
summary of bids and revenues received; and

(iii)

any other
factors that may have impacted the lease sale process; and

(B)

not later than 90
days after the final lease sale, submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the House of
Representatives the report described in subparagraph (A).

(7)

Rights-of-way

During
the pendency of the pilot program, the Secretary shall continue to issue
rights-of-way, in compliance with authority in effect on the date of enactment
of this Act, for available sites not selected for the pilot program.

(b)

Secretarial
determination

(1)

In
general

Not later than 2 years after the date of enactment of
this Act, the Secretaries shall make a joint determination on whether to
establish a leasing program under this section for wind or solar energy, or
both, on all covered land.

(2)

System

If
the Secretaries determine that a leasing program should be established, the
program shall apply to all covered land in accordance with this Act and other
provisions of law applicable to public land or National Forest System
land.

(3)

Establishment

The
Secretaries shall establish a leasing program unless the Secretaries determine
that the program—

(A)

is not in the
public interest; and

(B)

does not provide
an effective means of developing wind or solar energy.

(4)

Consultation

In
making the determinations required under this subsection, the Secretaries shall
consult with—

(A)

the heads of other
relevant Federal agencies;

(B)

interested States,
Indian tribes, and local governments;

(C)

representatives of
the solar and wind industries;

(D)

representatives of
the environment, conservation, and outdoor sporting communities;

(E)

other users of the
covered land; and

(F)

the public.

(5)

Considerations

In
making the determinations required under this subsection, the Secretaries shall
consider the results of the pilot program.

(6)

Regulations

Not
later than 1 year after the date on which any determination is made to
establish a leasing program, the Secretaries shall jointly promulgate final
regulations to implement the program.

(7)

Report

If
the Secretaries determine that a leasing program should not be established, not
later than 60 days after the date of the determination, the Secretaries shall
jointly submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives a report
describing the basis and findings for the determination.

(c)

Transition

(1)

In
general

If the Secretaries determine under subsection (b) that a
leasing program should be established for covered land, until the program is
established and final regulations for the program are issued—

(A)

the Secretary
shall continue to accept applications for rights-of-way on covered land, and
provide for the issuance of rights-of-way on covered land within the
jurisdiction of the Secretary for the development of wind or solar energy
pursuant to each requirement described in title V of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1761 et seq.) and other applicable law;
and

(B)

the Secretary of
Agriculture shall continue to accept applications for authorizations, and
provide for the issuance of the authorizations, for the development of wind or
solar energy on covered land within the jurisdiction of the Secretary pursuant
to applicable law.

(2)

Existing
rights-of-way and authorizations

(A)

In
general

Effective beginning on the date on which the wind or
solar leasing programs are established and final regulations are issued, the
Secretaries shall not renew an existing right-of-way or other authorization for
wind or solar energy development at the end of the term of the right-of-way or
authorization.

(B)

Lease

(i)

In
general

Subject to clause (ii), at the end of the term of the
right-of-way or other authorization for the wind or solar energy project, the
Secretary or, in the case of National Forest System land, the Secretary of
Agriculture, shall grant, without a competitive process, a lease to the holder
of the right-of-way or other authorization for the same covered land as was
authorized under the right-of-way or other authorization if (as determined by
the Secretary concerned)—

(I)

the holder of the
right-of-way or other authorization has met the requirements of diligent
development; and

(II)

issuance of the
lease is in the public interest and consistent with applicable law.

(ii)

Terms and
conditions

Any lease described in clause (i) shall be subject
to—

(I)

terms and
conditions that are consistent with this Act and the regulations issued under
this Act; and

(II)

the regulations
in effect on the date of renewal and any other terms and conditions that the
Secretary considers necessary to protect the public interest.

(3)

Pending
rights-of-way

Effective beginning on the date on which the wind
or solar leasing programs are established and final regulations for the
programs are issued, the Secretary or, with respect to National Forest System
land, the Secretary of Agriculture shall provide any applicant that has filed a
plan of development for a right-of-way or, in the case of National Forest
System land, for an applicable authorization, for a wind or solar energy
project with an option to acquire a lease on a noncompetitive basis, under such
terms and conditions as are required by this Act, applicable regulations, and
the Secretary concerned, for the same covered land included in the plan of
development if—

(A)

the plan of
development has been determined by the Secretary concerned to be adequate for
the initiation of environmental review;

(B)

granting the lease
is consistent with all applicable land use planning, environmental, and other
laws;

(C)

the applicant has
made a good faith effort to obtain a right-of-way or, in the case of National
Forest System land, other authorization, for the project; and

(D)

issuance of the
lease is in the public interest.

(d)

Leasing
program

If the Secretaries determine under subsection (b) that a
leasing program should be established, the program shall be established in
accordance with subsections (e) through (k).

(e)

Competitive
leases

(1)

In
general

Except as provided in paragraph (2), leases for wind or
solar energy development under this section shall be issued on a competitive
basis with a single round of bidding in any lease sale.

(2)

Exceptions

Paragraph
(1) shall not apply if the Secretary or, with respect to National Forest System
land, the Secretary of Agriculture determines that—

(A)

no competitive
interest exists for the covered land;

(B)

the public
interest would not be served by the competitive issuance of a lease;

(C)

the lease is for
the placement and operation of a meteorological or data collection facility or
for the development or demonstration of a new wind or solar technology and has
a term of not more than 5 years; or

(D)

the covered land
is eligible to be granted a noncompetitive lease under subsection (c).

(f)

Payments

(1)

In
general

The Secretaries shall jointly establish—

(A)

fees, rentals,
bonuses, or other payments to ensure a fair return to the United States for any
lease issued under this section; and

(B)

royalties pursuant
to section 6 that apply to all leases issued under this section.

(2)

Bonus
bids

The Secretaries may grant credit toward any bonus bid for a
qualified expenditure by the holder of a lease described in subsection
(e)(2)(C) in any competitive lease sale held for a long-term lease covering the
same land covered by the lease described in subsection (e)(2)(C).

(g)

Qualifications

Prior
to any lease sale, the Secretary shall establish qualifications for bidders
that ensure bidders meet the requirements described in section 4(a)(3).

(h)

Requirements

The
Secretaries shall ensure that any activity under a leasing program is carried
out in a manner that—

(1)

is consistent with
all applicable land use planning, environmental, and other laws; and

(2)

provides
for—

(A)

safety;

(B)

protection of the
environment and fish and wildlife habitat;

(C)

mitigation of
impacts;

(D)

prevention of
waste;

(E)

diligent
development of the resource, with specific milestones to be met by the lessee
as determined by the Secretaries;

(F)

coordination with
applicable Federal agencies;

(G)

a fair return to
the United States for any lease;

(H)

use of best
management practices, including planning and practices for mitigation of
impacts;

(I)

public notice and
comment on any proposal submitted for a lease under this section;

(J)

oversight,
inspection, research, monitoring, and enforcement relating to a lease under
this section;

(K)

the quantity of
acreage to be commensurate with the size of the project covered by a lease;
and

(L)

efficient use of
water resources.

(i)

Lease duration,
suspension, and cancellation

(1)

Duration

A
lease under this section shall be for—

(A)

an initial term of
25 years; and

(B)

any additional
period after the initial term during which electricity is being produced
annually in commercial quantities from the lease.

(2)

Administration

The
Secretary shall establish terms and conditions for the issuance, transfer,
renewal, suspension, and cancellation of a lease under this section.

(3)

Readjustment

(A)

In
general

Royalties, rentals, and other terms and conditions of a
lease under this section shall be subject to readjustment—

(i)

on
the date that is 15 years after the date on which the lease is issued;
and

(ii)

every 10 years
thereafter.

(B)

Lease

Each
lease issued under this Act shall provide for readjustment in accordance with
subparagraph (A).

(j)

Surface-Disturbing
activities

The Secretaries shall—

(1)

regulate all
surface-disturbing activities conducted pursuant to any lease issued under this
section; and

(2)

require any
necessary reclamation and other actions under the lease as are required in the
interest of conservation of surface resources.

(k)

Security

The
Secretaries shall require the holder of a lease issued under this
section—

(1)

to furnish a
surety bond or other form of security, as prescribed by the Secretaries;

(2)

to provide for the
reclamation and restoration of the area covered by the lease; and

(3)

to comply with
such other requirements as the Secretaries consider necessary to protect the
interests of the public and the United States.

(l)

Periodic
review

Not less frequently than once every 5 years, the Secretary
shall conduct a review of the adequacy of the surety bond or other form of
security provided by the holder of a lease issued under this section.

204.

Disposition of
revenues

(a)

Disposition of
revenues

Of the amounts collected as bonus bids, royalties,
rentals, fees, or other payments under a right-of-way, permit, lease, or other
authorization for the development of wind or solar energy on covered
land—

(1)

25 percent shall
be paid by the Secretary of the Treasury to the State within the boundaries of
which the income is derived;

(2)

25 percent shall
be paid by the Secretary of the Treasury to the 1 or more counties within the
boundaries of which the income is derived;

(3)

15 percent
shall—

(A)

for the period
beginning on the date of enactment of this Act and ending on date the date that
is 15 years after the date of enactment of this Act, be deposited in the
Treasury of the United States to help facilitate the processing of renewable
energy permits by the Bureau of Land Management, including the transfer of the
funds by the Bureau of Land Management to other Federal agencies and State
agencies to facilitate the processing of renewable energy permits on Federal
land; and

(B)

beginning on the
date that is 15 years after the date of enactment of this Act, be deposited in
the Fund; and

(4)

35 percent shall
be deposited in the Renewable Energy Resource Conservation Fund established by
subsection (c).

(b)

Payments to
States and counties

(1)

In
general

Except as provided in paragraph (2), amounts paid to
States and counties under subsection (a) shall be used consistent with section
35 of the Mineral Leasing Act (30 U.S.C. 191).

(2)

Impacts on
Federal land

Not less than 33 percent of the amount paid to a
State shall be used on an annual basis for the purposes described in subsection
(c)(2)(A).

(c)

Renewable energy
resource conservation fund

(1)

In
general

There is established in the Treasury a fund, to be known
as the Renewable Energy Resource Conservation Fund, to be
administered by the Secretary for use in regions impacted by the development of
wind or solar energy.

(2)

Use

(A)

In
general

Amounts in the Fund shall be available to the Secretary,
who may make amounts available to the Secretary of Agriculture and to other
Federal or State agencies, as appropriate, for the purposes of—

(i)

addressing and
offsetting the impacts of wind or solar development on Federal land, including
restoring and protecting—

(I)

fish and wildlife
habitat for affected species;

(II)

fish and wildlife
corridors for affected species; and

(III)

water resources
in areas impacted by wind or solar energy development;

(ii)

securing
recreational access to Federal land through an easement, right-of-way, or fee
title acquisition from willing sellers for the purpose of providing enhanced
public access to existing Federal land that is inaccessible or significantly
restricted; and

(iii)

carrying out
activities authorized under the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–4 et seq.) in the State.

(B)

Advisory
Board

The Secretary shall establish an independent advisory board
composed of key stakeholders and technical experts to provide recommendations
and guidance on the disposition of any amounts expended from the Fund.

(3)

Mitigation
requirements

The expenditure of funds under this subsection shall
be in addition to any mitigation requirements imposed pursuant to any law,
regulation, or term or condition of any lease, right-of-way, or other
authorization.

(4)

Investment of
fund

(A)

In
general

Any amounts deposited in the Fund shall earn interest in
an amount determined by the Secretary of the Treasury on the basis of the
current average market yield on outstanding marketable obligations of the
United States of comparable maturities.

(B)

Use

Any
interest earned under subparagraph (A) may be expended in accordance with this
subsection.

205.

Royalties

(a)

In
general

The Secretaries shall require as a term and condition of
any lease, right-of-way, permit, or other authorization for the development of
wind or solar energy on covered land the payment of a royalty established by
the Secretaries pursuant to a joint rulemaking that shall be a percentage of
the gross proceeds from the sale of electricity at a rate that—

(1)

encourages
production of solar or wind energy;

(2)

ensures a fair
return to the public comparable to the return that would be obtained on State
and private land; and

(3)

encourages the
maximum energy generation while disturbing the least quantity of covered land
and other natural resources, including water.

(b)

Amount

The
royalty on electricity produced using wind or solar resources shall be—

(1)

not less than 1
percent, and not more than 2.5 percent, of the gross proceeds from the sale of
electricity produced from the resources during the first 10 years of
production; and

(2)

not less than 2
percent, and not more than 5 percent, of the gross proceeds from the sale of
electricity produced from the resources during each year after that initial
10-year period.

(c)

Different
royalty rates

The Secretaries may establish—

(1)

a
different royalty rate for wind or solar energy generation; and

(2)

a
reduced royalty rate for projects located within a zone identified for
development of solar or wind energy.

(d)

Royalty in lieu
of rent

During the period of production, a royalty shall be
collected in lieu of any rent for the land from which the electricity is
produced.

(e)

Royalty
relief

To promote the generation of renewable energy, the
Secretaries may reduce any royalty otherwise required on a showing by clear and
convincing evidence by the person holding a lease, right-of-way, permit, or
other authorization for the development of wind or solar energy on covered land
under which the generation of energy is or will be produced in commercial
quantities that—

(1)

collection of the
full royalty would unreasonably burden energy generation; and

(2)

the royalty
reduction is in the public interest.

(f)

Periodic review
and report

(1)

In
general

Not later than 5 years after the date of enactment of
this Act and every 5 years thereafter, the Secretary, in consultation with the
Secretary of Agriculture, shall—

(A)

complete a review
of collections and impacts of the royalty and fees provided under this Act;
and

(B)

submit to the
Committee on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report describing the
results of the review.

(2)

Topics

The
report shall address—

(A)

the total revenues
received (by category) on an annual basis as royalties from wind, solar, and
geothermal development and production (specified by energy source) on covered
land;

(B)

whether the
revenues received for the development of wind, solar, and geothermal
development are comparable to the revenues received for similar development on
State and private land;

(C)

any impact on the
development of wind, solar, and geothermal development and production on
covered land as a result of the royalties; and

(D)

any
recommendations with respect to changes in Federal law (including regulations)
relating to the amount or method of collection (including auditing, compliance,
and enforcement) of the royalties.

(g)

Regulations

Not
later than 1 year after the date of enactment of this Act, the Secretaries
shall jointly issue final regulations to carry out this section.

206.

Enforcement of
royalty and payment provisions

(a)

Duties of the
Secretary

The Secretary shall establish a comprehensive
inspection, collection, fiscal, and production accounting and auditing
system—

(1)

to accurately
determine royalties, rentals, interest, fines, penalties, fees, deposits, and
other payments owed under this Act; and

(2)

to collect and
account for the payments in a timely manner.

(b)

Applicability of
other law

The Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1701 et seq.) (including the civil and criminal enforcement
provisions of that Act) shall apply to leases, permits, rights-of-way, or other
authorizations issued for the development of solar or wind energy on covered
land and the holders and operators of the leases, permits, rights-of-way, or
other authorizations (and designees) under this title, except that in applying
that Act—

(1)

“wind or solar
leases, permits, rights-of-way, or other authorizations” shall be substituted
for oil and gas leases;

(2)

“electricity
generated from wind or solar resources” shall be substituted for oil and
gas (when used as nouns);

(3)

“lease, permit,
right-of-way, or other authorization for the development of wind or solar
energy” shall be substituted for lease and lease for oil
and gas (when used as nouns); and

(4)

“lessee,
permittee, right-of-way holder, or holder of an authorization for the
development of wind or solar energy” shall be substituted for
lessee.

207.

Enforcement

(a)

In
general

Sections 302(c) and 303 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1732(c), 1733) shall apply to activities
conducted on covered land under this title.

(b)

Applicability of
other enforcement provisions

Nothing in this title reduces or
limits the enforcement authority vested in the Secretary or the Attorney
General by any other law.

208.

Segregation
from appropriation under mining and Federal land laws

(a)

In
general

On covered land identified by the Secretary or the
Secretary of Agriculture for the development of solar or wind power under this
title or other applicable law, the Secretary or the Secretary of Agriculture
may temporarily segregate the identified land from appropriation under the
mining and public land laws.

(b)

Administration

Segregation
of covered land under this section—

(1)

may only be made
for a period not to exceed 10 years; and

(2)

shall be subject
to valid existing rights as of the date of the segregation.

209.

Report

(a)

Study

(1)

In
general

Not later than 180 days after the date of enactment of
this Act, the Secretaries shall carry out a study on the siting, development,
and management of projects to determine the feasibility of carrying out a
conservation banking program on land administered by the Secretaries.

(2)

Contents

The
study under paragraph (1) shall—

(A)

identify areas in
which—

(i)

privately owned
land is not available to offset the impacts of solar or wind energy development
on federally administered land; or

(ii)

mitigation
investments on federally administered land are likely to provide greater
conservation value for impacts of solar or wind energy development on federally
administered land; and

(B)

examine—

(i)

the
effectiveness of laws (including regulations) and policies in effect on the
date of enactment of this Act in facilitating the development of conservation
banks;

(ii)

the
advantages and disadvantages of using conservation banks on Federal land to
mitigate impacts to natural resources on private land; and

(iii)

any changes in
Federal law (including regulations) or policy necessary to further develop a
Federal conservation banking program.

(b)

Report to
Congress

Not later than 18 months after the date of enactment of
this Act, the Secretaries shall jointly submit to Congress a report that
includes—

(1)

the
recommendations of the Secretaries relating to—

(A)

the most effective
system for Federal land described in subsection (a)(2)(A) to meet the goals of
facilitating the development of a conservation banking program on Federal land;
and

(B)

any change to
Federal law (including regulations) or policy necessary to address more
effectively the siting, development, and management of conservation banking
programs on Federal land to mitigate impacts to natural resources on private
land; and

(2)

any administrative
action to be taken by the Secretaries in response to the
recommendations.

(c)

Availability to
the public

Not later than 30 days after the date on which the
report described in subsection (b) is submitted to Congress, the Secretaries
shall make the results of the study available to the public.

210.

Applicability
of law

(a)

Rental fee
exemption

Wind or solar generation projects with a capacity of 20
megawatts or more that are issued a lease, right-of-way, permit, or other
authorization under applicable law shall not be subject to the rental fee
exemption for rights-of-way under section 504(g) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1764(g)).

(b)

Fees, charges,
and commissions

Section 304 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1734) shall apply to an application made
under section 4.